Sec. 33-034. - Revocation and suspension of operating permit.
Sec. 33-035. - Revocation and suspension of vehicle permit.
Sec. 33-036. - Operating permit re-application.
(a)
A holder or driver may appeal to a hearing officer a decision by the director to revoke, suspend, or deny an operating permit, vehicle permit, or driver permit. The city manager shall appoint a hearing officer for such appeals. Such hearing officer is hereby authorized to affirm, modify, or reverse the director's decisions which shall not become final unless affirmed by the hearing officer.
(b)
Upon the holder or driver receiving notice of the director's decision, said holder or driver shall have ten (10) business days from the date of receipt thereof during which to appeal such decision to the hearing officer. The appeal shall be in writing, accompanied by an appeal fee of one hundred dollars ($100.00), and directed to such officer in care of the transportation manager. If no appeal is made to the hearing officer within ten (10) business days after receipt of the director's decision, the director's decision shall become final.
(c)
Upon revocation, suspension, or denial of a vehicle permit or driver permit by the director, the holder or driver shall immediately cease operation of such service or vehicle, whether or not an appeal is filed. This section shall not apply in the case of a vehicle which may be operated for ten (10) days following the director's action under section 33-070 of this chapter.
(d)
Upon revocation, suspension, or denial of an operating permit by the director, the holder shall cease operations, except that a holder who appeals the suspension or revocation of an operating permit and is in compliance with the bond and insurance requirements of this chapter may continue to operate the service until the final decision on the appeal operating permit suspension or denial shall be appealed to the hearing officer. Operating permit revocation shall be appealed to city council.
(e)
Upon the scheduling of the hearing officer's review of the director's decision, the holder or driver shall be given an opportunity to appear before said officer and present to him any information, including witnesses, which may be of assistance in arriving at a decision on the matter.
(f)
Upon action being taken by the hearing officer, the director shall promptly and without delay act in accordance therewith and pursuant to the directions thereof.
(g)
If any such permits expire at no fault of the holder or driver before a ruling on the revocation or suspension of such permits, the holder or driver may continue to operate the ground transportation service or the ground transportation service vehicle pending a final decision on the matter. The holder or driver, however, shall immediately cease operation of such service or vehicle upon revocation or suspension of any such permits by the hearing officer. A suspension of any such permits shall not affect the expiration date.
(Ord. No. 82938, § 1, 9-28-95; Ord. No. 99741, § 8, 9-16-04)
Sec. 33-034. - Revocation and suspension of operating permit.
(a)
The director may revoke an operating permit, or suspend such operating permit for a period not to exceed sixty (60) days, where the director has determined it is in the best interest of the public or where the holder:
(1)
Since the date of issuance of his operating permit, has been convicted for violations of any city, state, or federal law where said violation relates directly to the duties and responsibilities of the holder including, but not limited to, the violations listed in section 33-010(d) of this chapter;
(2)
Since the date of issuance of the operating permit, has been indicted for criminal homicide, including murder or manslaughter but excluding criminal negligent homicide, or for any of the offenses listed in section 33-010(d) of this chapter;
(3)
Has under his employment or contract, a driver whose driver's permit has been suspended or revoked under the provisions of this chapter;
(4)
Has failed to comply with a correction order issued to him by the director within the time specified in the order;
(5)
Has failed to comply with this chapter or any department rules, orders, or directives;
(6)
Has substantially breached the terms of the permit agreement;
(7)
Has failed to pay a permit fee at the time it was due;
(8)
Has failed to pay a monetary penalty at the time it was due;
(9)
Has failed to comply with the license/permit bond requirements of this chapter;
(10)
Has failed to comply with the insurance requirements of this chapter;
(11)
Has transferred an operating permit without the city's approval;
(12)
Has allowed the operation of a vehicle for hire without the city's approval;
(13)
Has failed to place in operation pursuant to the provisions of this chapter the number of vehicles authorized in the permit agreement within ninety (90) days of the date of the issuance of the operating permit;
(b)
The decision of whether to suspend or revoke an operating permit while vested in the director shall be based on the following consideration:
(1)
The relationship of the violation to a holder's ability, capacity, or fitness to provide a safe and reliable service.
(2)
The relationship of the violation to the city's interest in protecting the public safety and welfare.
(3)
A holder's willingness or ability to promptly come into compliance with the provision(s) that is the basis for the suspension or revocation of the operating permit.
(4)
The number or frequency of similar violations attributed to the holder or his company.
(Ord. No. 82938, § 1, 9-28-95)
Sec. 33-035. - Revocation and suspension of vehicle permit.
(a)
The director shall revoke a vehicle operating permit, or suspend such permit for a period not to exceed sixty (60) days, where the director has determined that the holder:
(1)
Has failed to make a vehicle for hire available for inspection when so ordered by the city in accordance with section 33-062
(2)
The director determines that the vehicle for hire poses a serious threat to the safety of the public.
(3)
Has failed to comply with a correction order issued in connection with a vehicle for hire within the time specified in such order.
(4)
A vehicle for hire is operated by a driver not authorized by the director to operate such vehicle.
(b)
Upon revocation of a vehicle permit by the director, the director shall amend the permit agreement of the holder to reduce the number of vehicles authorized by the number of vehicles for which vehicle permits were revoked.
(c)
The decision of whether to suspend or revoke a vehicle operating permit while vested in the director shall be based on the following consideration:
(1)
The relationship of the violation to a holder's ability, capacity, or fitness to provide a safe and reliable service.
(2)
The relationship of the violation to the city's interest in protecting the public safety and welfare.
(3)
A holder's willingness or ability to promptly come into compliance with the provision(s) that is the basis for the suspension or revocation of the operating permit.
(4)
The number or frequency of similar violations attributed to the holder or his company.
(Ord. No. 82938, § 1, 9-28-95)
Sec. 33-036. - Operating permit re-application.
Upon revocation of an operating permit, a holder shall not be eligible for re-application for a period of forty-eight (48) months from the date of revocation.
(Ord. No. 82938, § 1, 9-28-95)
(a)
A person commits an offense if he knowingly operates, allows to be operated, or causes to be operated, a ground transportation service as defined in section 33-003 of this chapter or any other service providing ground transportation for hire, or if he transports a passenger for hire from within the city, after the operating permit of such person has been revoked by the director.
(b)
A person commits an offense if he knowingly represents a vehicle as a vehicle for hire or uses or offers the use of such vehicle in a ground transportation service after the vehicle permit for such vehicle has been revoked by the director.
(c)
Violations under subsections (a) or (b) of this section are punishable by a fine of not more than five hundred dollars ($500.00). Each day on which a violation occurs is a separate offense. prosecution for an offense under this section shall not prevent the use of any other enforcement remedies available under this chapter.
(d)
It is a defense to a violation under this section that the permit has been reinstated by the director or that the ten-day period provided for in section 33-033 hereof has not expired.
(Ord. No. 82938, § 1, 9-28-95)